A portion of the following list is provided to you from the North Carolina Estate Settlement Guide. This is a checklist of what the Executor’s responsibilities are within the first month of being appointed. This is not to be considered legal advice and or a complete checklist of what is required of an Executor. It is provided as a very basic overview. It is recommended that you consult with a licensed attorney in North Carolina with familiar with the Probate process and requirements.
1. Complete all documentation necessary to become the personal representative (Petition for Letters and Oath at a minimum);
2. Gather information on the decedent and the decedent’s probate assets (this is required for the Petition);
3. Make an appointment with the probate clerk (not always necessary);
4. Meet with the probate clerk (again, not always necessary);
5. Inventory Safe Deposit boxes (You may need a Court Order to open this if you are trying to do it before the Letters are issued by the Clerk);
6. Gather and protect estate property;
7. Retain experts (CPA’s, Attorneys, Financial Planners, for example);
8. Investigate potential wrongful death claims (you will have to disclose whether there is a potential wrongful death claim);
9. Obtain tax identification number (you will need this before you open an Estate Account);
10. Open estate bank account (using the tax identification number as the “social security number” so to speak of the Estate Account);
11. Pay the year’s allowance (if the surviving spouse requires it);
12. Activate or terminate government benefits;
13. Obtain prior tax returns;
14. Obtain death certificates (the funeral home usually orders these for the family when they burial arrangements are made. I would order at least 10);
15. Publish notice to creditors (cannot do this until the Letters have been issued by the Clerk);
16. Identify legal obligations of the decedent (creditors, etc.);
17. Start going through decedent’s personal effects to determine where assets may be held and or any liabilities he or she has outstanding;
18. Keep very detailed records on any checks deposited into the Estate Account as well as any checks written from the account;
19. If you feel you cannot meet the obligations, you are permitted to forego the position and someone else can be appointed;
20. Call an attorney if you get too overwhelmed with the process!
I am a Charlotte North Carolina Wills and Trusts attorney. My Firm has assisted clients with Wills, Trusts, Tax Planning, Probate, and all other areas of Estate Planning for over a decade.
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